Contract integration in accordance with the civil-constitutional methodology

Authors

Abstract

This paper aims to analyze contract integration under the Brazilian Law, whether to fill gaps left by the contracting parties or to comply with public order rules. Within the matter, contract incompleteness is one of the main challenges that judges and arbitrators have to cope with when judging contract disputes. In case of gaps, it is possible to settle a dispute based on equity or on customs, as will be examined throughout the work. Furthermore, the paper will provide an overview of the impact of the recently enacted Bill of Rights of Economic Freedom on contract interpretation and integration.

Author Biography

Victor Willcox, Universidade do Estado do Rio de Janeiro (UERJ)

Doutor e Mestre em Direito Civil pela Universidade do Estado do Rio de Janeiro (UERJ). Procurador do Município do Rio de Janeiro. Advogado

Published

2023-03-16

How to Cite

Willcox, V. (2023). Contract integration in accordance with the civil-constitutional methodology. Revista Brasileira De Direito Civil, 31(04), 19. Retrieved from https://rbdcivil.emnuvens.com.br/rbdc/article/view/561